Legal Opinion

Jose Rolando Escobar Ruiz v. Immigration and Naturalization Service

Court of Appeals for the Ninth Circuit

Decided March 25, 1987No. 83-7502PublishedCited by 37 opinions

1Opinion of the Court

OPINION ON REHEARING

REINHARDT, Circuit Judge:

I. INTRODUCTION

In Escobar Ruiz v. INS, 787 F.2d 1294 (9th Cir.1986), we decided that the former Equal Access to Justice Act (EAJA), codified at 5 U.S.C. § 504 (1982) and 28 U.S.C. § 2412 (1982), applies to immigration proceedings before the immigration judge and the Board of Immigration Appeals (BIA). 1 We rejected the argument that § 292 of the Immigration and Naturalization Act of 1952 (INA), 8 U.S.C. § 1362 (1982), precludes the extension of the EAJA to such proceedings. Section 292 provides that “the person concerned shall have the privilege of…

2Cases cited16 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  3. Wallis D. CORNELLA, Appellant, v. Richard SCHWEIKER, Secretary, Health & Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1984
  4. Marcello v. BondsSupreme Court of the United States · 1955
  5. Bobby Lee Moore v. United StatesCourt of Appeals for the Fifth Circuit · 1979

11 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Betty L. Varney v. Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1988
  2. Mario Antonio Portillo Baires v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1988
  3. Donald O. Coe v. Otis Thurman, WardenCourt of Appeals for the Ninth Circuit · 1991
  4. Rahinah Ibrahim v. US Dept. of Homeland SecurityCourt of Appeals for the Ninth Circuit · 2019
  5. Ran Choeum v. Immigration and Naturalization ServiceCourt of Appeals for the First Circuit · 1997

32 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API